Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 273B - Protection of children  

Subdivision D - Relationship with other laws  

SECTION 273B.9   Protection from other laws etc. for complying with this Division  
Scope

(1)    
A person engages in protected conduct if the person:

(a) engages in conduct in avoidance, or purported avoidance, of liability for an offence against this Division; and

(b) the conduct is genuine and proportionate for that purpose.

(2)    
This section does not apply to liability in any civil, criminal or administrative proceedings (including disciplinary proceedings) ( relevant proceedings ) for knowingly making a statement that is false or misleading.

(3)    
Without limiting subsection (2), this section does not apply to liability for an offence against any of the following provisions:

(a) section 137.1 (false or misleading information);

(b) section 137.2 (false or misleading documents);

(c) section 144.1 (forgery);

(d) section 145.1 (using forged document).

(4)    
This section does not prevent a person from being liable in any relevant proceedings for conduct of the person that is revealed by a disclosure of information.

Protection against liability for engaging in protected conduct

(5)    
If a person engages in protected conduct:

(a) the person is not subject to any liability in relevant proceedings for engaging in the protected conduct; and

(b) no contractual or other remedy may be enforced, and no contractual or other right may be exercised, against the person on the basis of the protected conduct being engaged in; and

(c) the person is not to be considered to have breached any professional ethics in respect of the protected conduct.

(6)    
Professional ethics includes the following (without limitation):

(a) rules of professional conduct;

(b) rules of professional etiquette;

(c) a code of ethics;

(d) standards of professional conduct.

(7)    
Without limiting subsection (5):

(a) if the person engages in protected conduct by disclosing information, the person:

(i) has qualified privilege in proceedings for defamation relating to the disclosure; and

(ii) is not liable to an action for defamation at the suit of another person relating to the disclosure; and

(b) a contract to which the person is a party may not be terminated on the basis that the protected conduct constitutes a breach of the contract.

(8)    
Paragraphs (5)(a) and (7)(a) do not affect any other right, privilege or immunity the person has as a defendant in proceedings, or an action, for defamation.

(9)    
Without limiting paragraphs (5)(b) and (7)(b), if a court is satisfied that:

(a) a person (the employee ) is employed in a particular position under a contract of employment with another person (the employer ); and

(b) the employee engages in protected conduct; and

(c) the employer purports to terminate the contract of employment on the basis of the person engaging in protected conduct being engaged in;

the court may:

(d) order that the employee be reinstated in that position or a position at a comparable level; or

(e) order the employer to pay the employee an amount instead of reinstating the employee, if the court considers it appropriate to make the order.

Admissibility of evidence

(10)    
If an individual engages in protected conduct by disclosing information, the information is not admissible in evidence against the individual in relation to liability in any relevant proceedings.

(11)    
To avoid doubt, this section does not affect the admissibility of evidence in any relevant proceedings of any information obtained as an indirect consequence of a disclosure of information that constitutes protected conduct.